SARJUGSINGH Vs. JHALAK SINGH

JUDGEMENT

(1.) First Appeal No. 628 of 1978 and First Appeal No. 630 of 1978 were taken up together as both and arisen from a common judgment dated 29-5-1978 and the decree dated 9-6- 1978 passed in partition suit No. 231 of 1972, through which the partition suit of the plaintiffs-respondents was decreed. First Appeal No. 628 of 1978 was preferred by Smt. Lahaso Devi and her grandson Sarjug Singh whereas First Appeal No. 630 of 1978 was instituted by Smt. Ram Lagani Devi, wife of Jhalak Singh.

(2.) The fact in short giving rise to these appeals is that the plaintiff Vidya Singh, who died during the pendency of these appeals, instituted partition suit No. 231/72 for partition of l/4th share over the entire land in suit described in Schedule I of the plaint. According to the plaitniff, one Ram Prasad Singh was common ancestor of the parties and he died leaving behind three sons, namely, Sheo Balak Singh, Ram Balak Singh and Ram Jatan Singh and these three brothers were also joint in properties and governed by Mitakshara School of Hindu Law. Sheo Balak Singh died issueless in the year 1953 and similarly Ram Balak Singh also died in the year 1957 issueless and both these brothers left sole-surviving brother Ram Jatan Singh, who too died in the year 1972 leaving behind his three sons, namely, Bidya Singh, Jhalak Singh and Kamta Singh and also his widow Lahaso Devi, who is defendent No. 3. defendant No. 4 Sarjug Singh is the son of Jhalak Singh whereas Defendant No. 6 Ram Lagni Devi is the wife of Jhalak Singh. defendant No. 5. Sheo Singh is the son of Kamta Singh. It has also been alleged that actually father of the plaintif Ram Jatan Singh was karta of the family but the entire affairs were being managed by his son Jhalak Singh and after the death of the plaintiff's father, Jhalak Singh became karta of the family but now the plaintiff feels difficulty in joint cultivation hence request for partition was made which was refused hence the suit for carving out l/4th share of the plaintiff in respect of the entire land in suit.

(3.) Defendant No. 6 Ram Lagni Devi, who is wife of Jhalak Singh contested the suit by filing separate written statement alleging inter alia that the suit for partition is not maintainable in the present form and is bad for defect of the parties but this defendant had admitted the geneology given by the plaintiff and it is an admitted case that actually Sheo Balak Singh and Ram Balak Singh, two other brothers of Ram Jatan Singh died in the year 1953 and 1957 in the state of separation from his brothers and the plaintiff. Actually all the three sons of Ram Jatan Singh were in service but they did not contribute anything towards the family expenses and they were keeping their earnings themselves which caused annoyance to Ram Jatan Singh and then Ram Jatan Singh and his two brothers partitioned the land among themselves and further got his three sons separated and gave them their shares of lands and there was also complete partition between the sons of Ram Jatan Singh in the year 1948 and so there was severance of status against the entire family.